My charge was withdrawn. Why do I still have a record?

A withdrawal ends the prosecution but does not delete the fingerprints, photographs or the police occurrence report. Those are held by the police service and in the national repository until a successful destruction application is made.

Is destruction automatic after a discharge?

For absolute and conditional discharges the Criminal Records Act provides for automatic purging of the conviction record after one year and three years respectively. Local police records and fingerprints are a separate matter and may still require an application.

How long does a destruction application take?

Timelines vary widely between police services, and several months is common. Applications should be made as soon as the waiting period allows, particularly where a record check is required for employment or licensing.

Specialized Prosecutions

Fingerprint Destruction Lawyer in Canada

A fingerprint destruction lawyer assists with applications and proceedings under Criminal Code, s. 2 of the Identification of Criminals Act, and police record retention policies. This page sets out what the process is, the eligibility and requirements that apply, the outcomes that are possible and how counsel can help, then lists criminal defence firms you can contact.

Criminal Code, s. 2 of the Identification of Criminals Act, and police record retention policies·Post-conviction application

What Fingerprint & Record Destruction involve and how the process works

When a person is charged with an indictable or hybrid offence, the Identification of Criminals Act authorises police to take fingerprints and photographs. Those records, together with the police occurrence report, remain on file even if the charge is later withdrawn, stayed, or results in an acquittal or a discharge.

There is no automatic destruction. The person must apply to the police service that laid the charge, and separately to the RCMP for removal of the entry from the national repository. Each police service has its own application process, criteria and timelines.

The consequence of leaving a non-conviction record in place is real. It can surface on a police information check or a vulnerable sector check, affecting employment, volunteer positions, professional licensing, adoption applications and travel. Destruction applications are therefore a routine and important part of post-charge work.

Eligibility and requirements

The charge resulted in a withdrawal, stay, acquittal, dismissal or discharge
Any applicable waiting period imposed by the police service or by the discharge provisions has elapsed
No outstanding charges or subsequent convictions
A complete application to the originating police service
A corresponding request to the RCMP for removal from the national repository

Possible outcomes and consequences

Continued disclosure of a non-conviction record on police information checks
Refusal of employment, volunteer placements and professional licences
Questioning and possible refusal at the United States border
Retention of the fingerprints and photographs indefinitely if no application is made
Refusal of the application by the police service, with limited review rights

How counsel can help

Obtaining the endorsed information and court disposition record to prove the outcome
Applying to every police service involved, not only the one that laid the charge
Following up with the RCMP separately for the national repository entry
Making written submissions where the police service exercises discretion to refuse
For discharges, confirming the automatic purge periods under the Criminal Records Act
Requesting a copy of the file to identify what information is actually retained

Fingerprint destruction lawyer: frequently asked questions

My charge was withdrawn. Why do I still have a record?: A withdrawal ends the prosecution but does not delete the fingerprints, photographs or the police occurrence report. Those are held by the police service and in the national repository until a successful destruction application is made.
Is destruction automatic after a discharge?: For absolute and conditional discharges the Criminal Records Act provides for automatic purging of the conviction record after one year and three years respectively. Local police records and fingerprints are a separate matter and may still require an application.
How long does a destruction application take?: Timelines vary widely between police services, and several months is common. Applications should be made as soon as the waiting period allows, particularly where a record check is required for employment or licensing.

Find a fingerprint destruction lawyer

These criminal defence firms handle Criminal Code matters and can advise on Fingerprint & Record Destruction applications. Confirm the scope of a firm’s practice before retaining counsel.